Section 188A of the NT Marine Act prohibits, without prior written approval of the Director, erecting below high-water mark a jetty, wharf, pontoon, mooring or other temporary/permanent structure, and also addresses fastening floating structures to seabed, lake/riverbed or shore. The section does not apply in the same way within designated ports.
NT procurement must also design for large tides, cyclone wind, storm surge, extreme UV and remote maintenance.
How to confirm this for your site
Nothing on this page is a determination about your project. Requirements turn on the exact location, the tenure of the land and bed, the waterway, the structure type and the use, and they change over time. Use this as a checklist for the conversation, then get the answer in writing from the Director under the Marine Act and, where relevant, the port authority.
- Establish who controls the bed and the land your shore connection lands on. This is the question that decides which approval path you are on.
- Ask the controlling authority, in writing, which approvals apply to your structure at your location, and what triggers each one.
- Ask what supporting material is expected with an application, and who must prepare it.
- Ask about referral or consultation requirements that sit behind the main approval, including heritage, environmental and navigation considerations.
- Ask what conditions are commonly imposed on structures like yours, so they are priced before you commit.
What to ask for in writing
- Confirmation of the approval path and the assessment timeframe.
- The application requirements list, including drawing and engineering expectations.
- Current fees, since published schedules are updated periodically.
- Whether the approval runs with the land or with the applicant, and what happens on sale.
- What ongoing obligations attach — inspection, maintenance, insurance, removal at end of tenure.
Program and budget implications
- Approval timeframes are part of the project program. Build them into the schedule before agreeing a delivery date with a builder.
- Conditions can change the design. Do not order a structure whose configuration might be altered by a condition you have not yet received.
- Make the contract reflect the approval risk: who carries the cost if a condition requires a design change, and what happens to the deposit if approval is refused.
Designing for the Territory
Environmental conditions in the north are a design input, not a footnote. Tidal range, cyclone-season wind, storm surge, UV exposure and the practicalities of getting maintenance crews to remote sites all shape what is worth buying.
- Ask how the design handles the full tidal range, including the gangway gradient at both extremes.
- Ask what the structure is designed to survive in a cyclone, and what the owner is expected to do beforehand.
- Ask how components are replaced at a remote site, and what the lead time is.
- Ask which materials and coatings were selected for the UV and humidity exposure, and what maintenance they assume.
Questions buyers ask
Does the port area change the process?
Designated port areas can be administered differently from other waters. Establish which regime your site sits in before you assume the pathway.
What happens after a cyclone?
Have the inspection and reinstatement expectations agreed in advance — who inspects, against what checklist, and what evidence is retained for insurance.
